salim shaikh (designer) 09 July 2011

Void / Null Marriage Reference

DEAR FRIENDS,

I am Muslim Boy.

Reference judgments required in the Void Marriages / Marriages done with fraud. or etc.

Where girl having medical problem is hidden from boy. Her eyesight is very poor. i.e. +6.0 for both eyes. It is good enough to fight the case. I have all medical records with me. Her medical problem is purposely hidden from me. I came to know after only 5 days of marriage. I tried for laseric treatment but doctor said at this age. this is very major so it is not possible to do.

NOW my wife has filed DV and 498 against me. And demanding huge amount me to take my cases back. Already lost lots of money on police & court. Also court has issued 5000interim order.

I know and Allah know that I have been cheated. But how should I proove the court that i am innocence.

Also my lawyer is saying that if we raise the issue of her eyesight it also can backfire us.

DEAR SAURABH ITS FROM UR REPLY..

"But if in your case as you mentioned, that your wife had physical problem, then you have a case based on which you can tell the court that as the illness of your bride was hidden from you so your marriage with her is VIOD. Such a marriage in which, major and important deceases or disability of spouse is hidden from the other, then the other spouse can demand the court to pass an order of nullity. Such marriage is void ab initio."

PLEASE PLEASE HELP ME OUT...................

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3 Replies

(Guest)

Yes it is absoutely true that your marriage is VOID ab initio. I think your wife filed DV and 498 against you so as to take revenge from you. Arrange two witnesses of your marriage who attend ur marriage and by other documentry evidences of your marriage, prove your innocency in court of law. You r uninformed of ur wife disease and thus u r cheated by your relatives who setup this relationship.

Saurabh..V (Law Consultant) 09 July 2011

@Salim

As I can recall, you did not specifically mentioned this specific problem in your last problem. You generalized and said some physical disorder.

In my considered view, if her eye sight is weak but she can perform all homely tasks with ease, then it should not be a problem in a marital life.

Also, you have to understand that when I said HIDDEN, it means it was not possible for you to find out her desease. But if by some minimal effort you could have discovered about her eyes and you did not do it, then such marriage is perfectly good and valid in law.

You can only claim VOID marriage is a doctor can testify a certificate and also give his statement in court that her eye-sight is not fit for daily homely work. Also you will have to prove that deliberately her eyes problem was kept hidden from you and even after making inquiries you couldnt find about this.

//peace

/Saurabh..V

1 Like

salim shaikh (designer) 09 July 2011

Thank very Much for ur valuable reply.

marriage date - may 2010

she gone back - july 2010

first notice from her side - jan 2011

reply to notice by me - jan 2011

i filed RCR - Feb 2011.

She filed Domestic Violence - April 2011

She filed private complaint in court

and 156 c order from court 498A - june 2011.

Her eye sight is very weak . She cant perform daily home tasks in cooking like screening rice, etc. She can only do with help of large spectacles. After marriage when First time she came infront of me with her heavy spectacles. I got shocked and went in big depression. Then I consulted with many Medical Experts.

All say that at age of 21 having eyesight of +6.0 is not a normal thing.

And our childs also may get same problem.

She has to wear the spectacles continuosly. or her eyesight will continuosly get weaker.

Lences will be temporary solution, but not feasible for long term.

Also there is a fear of day blidness.

She and her family purposely hide her eyesight problem. After realising I have been cheated, my feelings towards my wife & her family changed. Her father take back her parental house for medical treatment. In mean time we tried to mutual divorce but they are not ready for that.

Now She & her family planning to take big amount from me.

My lawyer has taken same stand stand as you have suggested of void marriage.

The Mediator who have arranged our marriage. Is ready to give his statement in my favor. (True Fact).

Also I have submitted picture of wifes given before marriage, pictures of marriage ceremony, medical certificates and video cd of marriage in court for Domestic Violence Case. reply.

Should I file another case for void marriage or fight in same DV case.

Hope I will find a way out...